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Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....s sentiment of the people and obtained support in his favour by playing the communal card. He admitted that before the declaration of schedule of the election one of his supporters sent some coloured posters which did not contain any election symbol nor in that poster any appeal with made to the ele......and fraudulently in violation of the provisions of the Order and the Constitution. 5. The Petitioner also alleged that the law enforcing agencies started indiscriminate arrest and torture upon the members belonging to different groups of Bangladesh Awami League and other allied organisations, deb......t to vote for a Hindu. 15. The Petitioner also alleged that the law enforcing agencies created terror in the area and sentiment against Awami League and on 23‑9‑2001 the president of Malikhali Union Chatra League was physically tortured and they raided the house of Awami League, Juba League, ......ion campaign, P.W.1 stated that Respondent No.5 has violated the provisions of Article 73(3) and (4) of the said order by publishing false statement in the benami of Shamprodayek Sompriti Shongrokhon Parishad, Central Committee wherein the statement was made not to vote for the Petitioner as he spoi..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ......osal for leasing out the said land cannot be considered and also further directed to take step for declaring the same as Labon Mohal; that thereafter the writ respondent No.4 issued a notice to the members of District Salt Development and Management Committee on 27.03.2006 for attending in a meeti......ter alia, that the writ petitioner has no legal right to challenge the mere approval of lease in writ jurisdiction before finalization of the same and that the writ petitioner was a Chairman of Local Union Parishad and was not entitled to get lease of the Government property; that the Deputy Commiss......ia, that the writ petitioner has no legal right to challenge the mere approval of lease in writ jurisdiction before finalization of the same and that the writ petitioner was a Chairman of Local Union Parishad and was not entitled to get lease of the Government property; that the Deputy Commissioner ..Category: Civil Law | Date: | Hits: 182
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......designated as grievous:- Firstly Emasculation. Secondly Permanent privation of the sight of either eye. Thirdly Permanent privation of the hearing of either ear. Fourthly Privation of any member of joint. Fifthly Destruction or permanent impairing of the powers of any member or, joint...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......tion (BNWLA) Vs. Government of Bangladesh and Others in Writ Petition No.5916 of 2008. Guideline -9 (a).............................................. (b) The committee will have minimum five members and majority of members will be women. The head of the committee should be a woman, if avail...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
.... S.I. Abdur Rahman for investigation. Police came to the house of the informant, held inquest on the dead body of the informant's mother Kushala Maya Rani and sent the dead body to the morgue for post mortem examination. The I.O. visited the locality, seized alamats and examined witnesses and ......individual in the society and other necessities to prevent recurrence are right factor. Heinousness of the crime is a relevant factor in the choice of Sentence. 27. The appellant is admittedly a member of law enforcing agency. It is not expected of him to take law in his own hand. So having reg......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....1 gave birth to plaintiff No.2 on 23-03-1982 as a result of her pre-marital illicit relationship with some other person. So the defendant, on 06-10-1982, sent to plaintiff No.1 a notice of divorce by post. Thereafter he entered into a second marriage in January 1984. Issues framed, evidence adduc......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ...... Judgment December 12, 2011. Result: The Rule is disposed of. The Muslim Family Law Ordinance, 1961 (Ordinance No. VIII of 1961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) ......gment December 12, 2011. Result: The Rule is disposed of. The Muslim Family Law Ordinance, 1961 (Ordinance No. VIII of 1961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In t..Category: Family Law | Date: | Hits: 246
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....f the detenu detained improperly or illegally or the High Court Division itself can act suo moto in view of the expression used in sub‑section (1) of section 491 that "Whenever it thinks fit" which postulates that if it appears to the High Court Division to take appropriate action against an impro......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......, 20 DLR (SC) 249; Byrne Vs. Kinematograph Renters Society Ltd., 1958‑2 All ER 579; Wiseman Vs. Borneman, 1971 AC 297; Schmidt B Secy. of State for Home Affairs (1969) 2 Ch D 149; Maneka Gandhi Vs. Union of India, AIR 1978 SC 597; Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1; Bang......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ...... express condition in the contract with its customer or an unequivocal ratification, it will not be possible to save the bank from liability. 15. In Bihta Co‑operative Development Cane Marketing Union Ltd. Vs. Bank of Bihar (AIR 1967 SC 389), the Supreme Court of India expressed, "If the signat......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....ner admits such receipt of notices. Moreover the case of the complainant is that the legal notice under section 138(1)(b) of the Negotiable Instruments Act was issued on 14-12-2006 through registered post with AD. It is presumed as per the provision of law that the said notice has been duly served...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ...... নিকট পেশ করার অধিকার আপনার রহিয়াছে”। 6. It appears that in ground No.1 it has been stated that the detenu is an active member of "Independent Bangabhumi Movement, in ground No.2 it has been stated he is actively connect......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..Category: Criminal Law | Date: | Hits: 74
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....wo weeks from the date of receipt of the order. 3. The short fact relevant for disposal of the Rule is that the detenu was arrested on 1‑6‑97 by Md. Afsar, ASI in charge of Hajirhat Police out post PS Ramgati, District‑Laxmipur from his village home in connection with ST Case No.20 of 1988 ...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......he learned Sessions Judge stating that he is not the absconding accused who was tried in absentia in the aforesaid Sessions Case No.20 of 1988 by producing certificate of the Chairman of Char Kadiria Union No.5, Police Station Ramgati, District Laxmipur. An affidavit was sworn by the informant Ata...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ..Category: Criminal Law | Date: | Hits: 89
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....-Inspector Uzzal Kumar Dey who having been in the place of occurrence prepared the inquest report on the corpse of the said unknown man, aged about 35 years and sent the dead body to the morgue for post-mortem examination. There were some marks of injuries and violence on the shoulders, right hand......law of the accused. The accused had stayed in the house of his father-in-law Nurul Islam in the night of occurrence and after the occurrence the accused had become puzzled and without informing the members of the family of his father-in-law he left the house leaving his motorcycle and all these fa......hat she found the accused puzzled. She denied the further defence suggestion that for her personal grievance she has deposed against the accused. 18. P.W.6 Khadiza Khatun, a member of Chandpur Union Parishad stated that two years ago in the afternoon she had gone at Chandpur Bazar to attend a......e found the accused puzzled. She denied the further defence suggestion that for her personal grievance she has deposed against the accused. 18. P.W.6 Khadiza Khatun, a member of Chandpur Union Parishad stated that two years ago in the afternoon she had gone at Chandpur Bazar to attend a compr..Category: Criminal Law | Date: | Hits: 147
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....hority Mr. Kazi Habibul Awal, Additional Secretary of the Legislative Drafting Wing of the Ministry of Law, Justice and Parliamentary Affairs, the Respondent No.5, is holding or purported to hold the post of Secretary-in-Charge of the Ministry of Law, Justice and Parliamentary Affairs, Government of......harge by the Respondent No.5. 8. The learned Advocate appearing for the petitioner submits that the writ petitioner is a practicing Advocate of the Supreme Court of Bangladesh and earlier he was a member of the Bangladesh Civil Service (Judicial) and retired as a District and Sessions Judge (Sele......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....e petitioner terminated the services of these four workers involved in trade union activities on 13.7.2000. Each of the respondents sent a petition narrating grievance to the petitioner by registered post with A/D, but those petition were rejected by the petitioner. The Sramik Union of BRAC Printers......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......the petitioner's establishment since October, 1989. His designation was mounter and his last gross wages was Tk. 10,865.50 per month. He was 'election commissioner' for conducting the election of the Union for 1997-1999 and 1999-2000. This respondent used to accomplish the task of the trade union in......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: | Hits: 138
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....el the proceedings of Agenda No.3 of the Selection Committee of Bangladesh Agricultural Development Corporation (BADC) dated 29.12.2002 and 1.1.2003 (Annexure-P) promoting respondent Nos. 8-15 to the post of Manager/Joint Director who are junior to the petitioner and to implement the recommendation ......Grade. The petitioner through proper channel submitted representations praying for seniority with promotion to the Chairman and the Secretary of BADC, Dhaka. Meanwhile, the Secretary, BADC formed a 3-member committee by a memo dated 20.7.2002 to consider the case of seniority of the petitioner along......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ..Category: Employment/Service Law | Date: | Hits: 144
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......er rigorous imprisonment for 6(six) months more. 2. Prosecution case, in short, is that Tangail Dhaka Bus‑Owner Association took lease of Tangail Bus Terminal for the year 1985 from Tangail Zila Parishad having received takid over phone on 2‑4‑85 from the accused appellant for payment of le..Category: Criminal Law | Date: | Hits: 88
Mostafa Vs. State, 2012, 41 CLC (HCD)
.... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ......াম বদরুদ্দিন জানায়। তাহার দেহ থেকে অস্ত্র উদ্ধার করি।” 12. P.W.4 Sepoy Khalilur Rahman, who is another member of the raiding party, but he did not depose anything as to the recovery of the arms and ammun...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ..Category: Criminal Law | Date: | Hits: 59
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......im's mother who was also competent to say about victim's age did not depose in the case. P.W.8 Dr. Habibur Rahman only deposed about the age of the victim girl. He stated that he along with two other members of a medical board had examined the victim Bishakha Mondal alias Rajia Khatun on 17‑9‑96......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..Category: Criminal Law | Date: | Hits: 89
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
.... appeared in the Court as tutored witnesses. He further added that according to the prosecution slain Shoeb Ahmed Litu and slain Zulfiqur sustained two injuries and one injury respectively. But the post mortem doctor found three and two injuries respectively upon them. Such inconsistences regardin......taken to the hospital wherein Zulfiqur died. In cross-examination he denied the suggestion that he did not see the occurrence and deposing falsely. 15. P.W.4 Md. Enayed deposed that he could not remember the date of occurrence. However he stated that accused Nichu Mallick, Kana Musa, Sheli, Jahan......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ..Category: Criminal Law | Date: | Hits: 78
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